Punitive Damages Georgia
You can recover either compensatory damages or punitive damages or both if you are a plaintiff in a personal injury case. Punitive damages are money paid to the plaintiff by the at-fault party to the plaintiff party for breaking the law or for acting in a reckless manner. One motorcycle accident lawyer had this to say…
On the other hand, compensatory damages are meant to compensate the victim and are paid by the defendant or the defendant’s insurance policy. An experienced personal injury lawyer has a thorough understanding of Georgia law concerning punitive damages, and when a jury is likely to award them. Do not hesitate to call a personal injury lawyer to discuss your legal rights if your or a family member has suffered an injury caused by a negligent party.
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What Georgia Law Says About Punitive Damages
Georgia Code §51-12-1 through 14 contains all the information about the nature of damages that a plaintiff can recover and the limitations on those damages. Juries usually award punitive damages in cases where the defendant was willfully reckless or negligent. For example, a driver that causes a serious accident because of being intoxicated by alcohol or drugs is reckless and negligent. Punitive damages can be awarded in such as situation to punish, penalize, or deter the defendant that committed a terrible act that led to another person’s injury.
Limitation For Punitive Damages
The law places several strict limits on punitive damages, which means that obtaining an award for punitive damages is not easy in Georgia. One limitation is that a plaintiff has to specifically request for punitive damages for the jury to award them. The request has to be made when the plaintiff is filing the personal injury lawsuit. The plaintiff also has a burden of proof that the plaintiff has to satisfy before being granted these damages.
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In a civil case a burden of proof means that the plaintiff must prove that the defendant more likely than not committed the act that resulted in the plaintiff’s injuries. But you have to prove that the defendant acted willfully, maliciously, wantonly, fraudulently or with indifference if you want to be awarded punitive damages. For example, if someone hit your vehicle because they are angry at you in a road rage situation then that is a willful and malicious act. Generally, it is much harder to provide proof when you are seeking punitive damages than when you are seeking compensatory damages.
Punitive Damage Caps
In product liability cases there is no cap on the amount of punitive damages that can be awarded to a victim. The amount awarded is determined by a particular case. In addition, more than 70% of the punitive damages are taken by the state because punitive damages are not considered as compensation. In cases where it is found that the defendant willfully or maliciously intended to harm the plaintiff no cap for punitive damages exists. These include situations such as:
- The defendant assaulted the plaintiff with a weapon
- The defendant was driving under the influence of drugs or alcohol
In such situations, there is no requirement in the law for the state to share the damages with the plaintiff. There is a cap of $250,000 on punitive awards if a case does not involve product liability or intentional tort (defendant acting with malice). Find injury attorneys here.